Suresh Kumar vs State of Punjab

K.C. Puri, J.—Suresh Kumar s/o Shagan Lal r/o Katcha Thandewala Road, St. No. 8, Dashmesh Nagar, Muktsar, has applied for grant of regular bail in FIR No. 34 dated 4.6.2010 under Sections 406, 420, 411, 120-B IPC, registered at Police Station Sadiq, District Faridkot.

As per allegation of the prosecution, M/s Malwa Rice Mill Kingre (Near Sadiq), Tehsil and District Faridkot entered into an agreement with PUNSUP for custom milling of paddy for the season 2008-09. PUNSUP supplied the paddy for shelling of which resultant rice was to be given. It is alleged that the said firm has embezzled the paddy. It has further come on record that later on there was a dissolution deed, according to which Rajinder Kumar became the sole proprietor of the firm. The cheques for the paddy in question were issued by said Rajinder Kumar, which bounced and proceedings u/s 138 of the Negotiable Instruments Act are pending against the said Rajinder Kumar. During the course of enquiry statement of Prem Chand was recorded who has stated that paddy was taken away by Rajinder Kumar and the applicant.

Learned Counsel for the Petitioner has submitted that Petitioner is neither the partner of the firm nor is the beneficiary as no amount out of the sale proceeds of paddy has been received by him.

Learned State Counsel, on instructions from ASI Kuldeep Singh, has stated that no evidence has been collected during the course of investigation that sale proceeds have been received by the Petitioner.

Admittedly, the Petitioner is not the partner of the firm. The Petitioner is stated to be in custody since 22.11.2010. So, without commenting on the merits of the case, in my view, it is a fit case to allow the concession of bail.

So, bail is granted to the Petitioner- Suresh Kumar s/o Shagan Lal, to the satisfaction of the trial Court.